WOITAS MCLEOD & ASSOCIATES

SEPARATION & DIVORCE LAW SERVICES

Your Kamloops Divorce Lawyers.

Separation and Divorce

If you are separating from your spouse or divorcing, there are some points you should know. There are three grounds for a divorce:

  • One-year separation,
  • Adultery, or
  • Cruelty

The most common ground is one-year of separation. Regardless of the reason, a divorce proceeding can be started at any time after separation, you do not have to wait to begin the process.

Separation and Divorce

If you are separating from your spouse or divorcing, there are some points you should know. There are three grounds for a divorce:

  • One-year separation,
  • Adultery, or
  • Cruelty

The most common ground is one-year of separation. Regardless of the reason, a divorce proceeding can be started at any time after separation, you do not have to wait to begin the process

A mediated agreement is an agreement reached between the parties with the aid of a professional mediator. At Woitas McLeod and associates, our experienced mediator can assist parties with sorting through the issues and arriving at a mutually agreed upon method to settle matters. Not all issued need to be, or in some cases can be resolved at once. A mediated agreement does not have to include resolution of every issue in dispute. Often getting the large issues out of the way leaves brain power to deal with the hardest issues. Mediation is often a preferred method of resolving issues because an outside party is not telling you what to do, which is what happens in court.

A separation agreement or a mediated agreement is an agreement between the parties to define the sharing of assets, income and, in some cases, to provide for support. The validity of an agreement is a question of law, and there are many pitfalls that people can blindly fall into that weakens the strength of an agreement. If the parties reconcile, they can tear up the agreement as it is private between the two of them. A separation agreement is usually the first step in settling matters between the parties and is recommended in almost all cases of marriage breakup. Be sure to find experienced help in commencing work on the foundational document.

A divorce is the ending of the marriage in law. It may sound trite, but to get one, you first must have been legally married. Applying for a divorce is a court process that can be started by either party. In many cases, one party can finalize divorce unless the second party forces it into a dispute or trial.

A divorce alone may not end all matters between the parties. A separation or mediated agreement can help protect your rights and avoid a complex court dispute that is hurtful and costly to all parties.

For those who have lost the ability to communicate effectively, the court process, or arbitration (which is much like private court) are the only remaining options. Our family lawyers can advise and guide clients through this process with the intention of deescalating conflict and arriving at a resolution without eroding rights. That said, a cost benefit analysis is provided as matters progress so that clients can find the most logical fix to their problem that works for them.

Family assets are by law shared. In most cases, the assets must be divided. Assets are usually divided equally, but there are some exceptions to this general rule. Some assets are also excluded from division for example, an inheritance which has not been mixed in with marital assets is usually not shared. There is a wide range of family assets which include things not commonly thought of as family property and some excludable assets may with time become family assets

The blame for marriage breakup is not important to the matter of divorce or in particular the division of assets. This is referred to as a no-fault divorce which has been the law in Canada since 1981. As such, parties can leave much of the emotional history out of the process of division.

Various arrangements are possible for parenting time with children. The decisions will always be based on the best interest of the children, and not those of the parents. Often, the best solution will be age dependant.  If these critical matters are resolved fairly, respectfully and responsibly, the relationship with the children can be improved for all the family members, especially the children. Separation of parents does not hurt children, how the parents handle themselves during separation can certainly hurt children. Our experienced family lawyers can advise of arrangements that will keep the children top of mind at all times.

Child support is the right of the child and the obligation of parents. In many cases, the level of support is dependent upon the income of the payor. As of April 1996, child support is not deductible for income tax purposes.

We have the experience and skill to help you through this difficult time and to advise on how to protect your rights. We try to create solutions for you through negotiation and mediation. If your case requires going to court, you will receive competent, experienced advice.

We are sensitive to your needs. We understand that cost is an important concern to you. In some cases, we are able to quote fixed fees and costs for standard services. You are kept informed, and matters are discussed with you so you know what is happening to your case. We listen, and we understand.

Please call us to arrange an initial consultation so we can discuss your situation, explain your options, and advise you of the expected fees and costs.

LEARN HOW OUR DIVORCE LAW SERVICES CAN BENEFIT YOU.

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WOITAS MCLEOD & ASSOCIATES

CONTACT US

Learn how we can help you.

243 Seymour St,
Kamloops, B.C. V2C 2E7

250-374-3337
F:250-374-3037

info@mcleodlaw.ca

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